Will Bicycle Injuries be Reduced with Vancouver Bike Lanes?

As Vancouver personal injury lawyer since 1995 I have represented many cyclists and pedestrians that claim their lives were put at risk by poor road design or improper signage. Most car accidents involving cyclists in my experience, however, occur because of lack of due care and attention by the motor vehicle, pedestrian or cyclist . In an…

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Road Maintenance Company Liable for Car Accident as They Failed to Sand the Road

In this road maintenance appeal (Billabong Road & Bridge Maintenance Inc. v. Brook, 2011 BCSC 297) the Provincial Court of BC had ordered the road maintenance company to pay the claimant for damages arising out of a motor vehicle accident that occurred on Highway 16E between Telkwa and Smithers. The Provincial Court concluded that the road maintenance…

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Despite ICBC Refusal to Pay Accident Injury Benefits the Court of Appeal Forces Payment

This ICBC accident injury case(Hagen v. Insurance Corporation of British Columbia,2011 BCCA 124) poses the question of whether a driver of a motorcycle with a Class 6L learner’s licence is in breach of the Motor Vehicle Act Regulations where, having made arrangements to be followed by a supervisor, the learner was not within sight of…

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Personal Injury Award for Knee Injury Upheld by the Court of Appeal

In this knee injury appeal(Bradshaw v. Matwick,2011 BCCA 111) the claimant was injured when his vehicle was rear-ended and the other driver admitted fault for the accident. The at fault driver accepted that the claimant suffered soft tissue injuries to his neck and back in the accident but  argued  that an injury to the claimant’s knee was unconnected to the…

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$12.4 Million Car Accident Jury Award for Soft Tissue Injury Too High for Claimants Actual Losses

This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…

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ICBC Ordered to Advance over $30,000.00 to Injury Claimant for Trial Adjournment

In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…

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ICBC Alleges Injury Claimant Without a Lawyer Settled Case for $10,000.00

In this ICBC disputed settlement case (Varesi v. Cadelina,2011 BCSC 284),  an adjuster from the Insurance Corporation of British Columbia offered the injury claimant  $4,216 to settle her car accident claim. He explained the circumstances in his affidavit: I offered her $4,216.00 in total in exchange for a signed release, which I explained would mean that…

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Hit and Run Driver Escapes and Injury Claim Dismissed Against ICBC

In an unfortunate turn of events this innocent injury claimant was denied compensation against ICBC in a hit and run car accident in Abbotsford, British Columbia(Morris v. Doe, 2011 BCSC 253). The claimant was injured in a motor vehicle accident at the intersection of South Fraser Way and Ware Rd. in Abbotsford when her husband was driving…

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Bicycle Accident in Vancouver Results in Minor Back Injury Award to Car Accident Claimant

The injury claimant in this ICBC bike accident case (Dempsey v. Oh, 2011 BCSC 216) was riding his bicycle on 16thAvenue in Vancouver  when he collided with a panel van.  In addition to scrapes and bruises, the claimant said he suffered soft tissue injury which were so debilitating that he could not perform his work as a real estate…

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ICBC Settlement of Car Accident Injury Claims Overturned as Lawyer had No Authority

The litigants  in this multiple car accident ICBC injury case (Johnson v. Wells, 2011 BCSC 201) return to court to complete their arguments on whether there was a settlement of an injury claim with an ICBC adjuster. In an earlier decision in this ICBC car accident settlement case the  Supreme Court of BC ordered cross-examination of the Insurance Corporation of British…

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